[CGVet58]

disagree with one of his basic premises in the above article; that Republicans threatened to filibuster Abe Fortas. That is not true; Fortas was opposed by a majority of the chamber, both Dem & Pubby. This would then be defined not as a filibuster, rather "stillborn" would be the better definition, since had it gone to the floor, he would have been voted down.

But the dhimmis/media/academe successfully make much hay in painting this as a "gotcha" by misleadingly labelling it as a filibuster fm the Right - just another example of dumbing down the discourse.

still waiting for the pubs to grow some stones on this... and afraid our window of opportunity to get things done is closing as a result of their weakness...

[Ready4Freddy]

After rather lengthy debate on the Fortas nomination, cloture was sought, and was rejected. LBJ then withdrew the nomination.

... that Republicans threatened to filibuster Abe Fortas. That is not true; Fortas was opposed by a majority of the chamber...

[Huck]

I didn't know that about Fortas. It's pretty irrelevant, anyway. What I do agree with is that the filibuster of judges is constitutional. I don't think Scalia would find otherwise. The constitution does not require a simple majority. It leaves it to the Senate, and gives Senate full control over its own affairs. It's a weak, inneffective argument to say that the absense of a supermajority requirement somehow prohibits unlimited debate. There's no way it does that.

Your last bit gets to the bottom line. It's a power struggle, not a constitutional disagreement. The GOP can and should change the rule and then they should vote in all these judges, and they should get it done NOW before we get to the first SCOTUS showdown. But as you say, it seems like they don't have the guts. Afraid of a press that hates them anyway.

[jpl]

I'm really sick and tired of people in the press bringing up Abe Fortas as though that situation was some kind of precedent for what's going on now, because the situations aren't even remotely comparable. Fortas was an already sitting Supreme Court justice that Johnson nominated to be Chief Justice, a position which is almost entirely ceremonial and confers very little real power. Furthermore, the fact that Fortas was a corrupt little weasel who later had to resign from the bench is what I would call "vindication".

If the lefties are really still ticked off about Abe Fortas (though of course the idea that they are is simply laughable), then when Rehnquist retires and Bush nominates either Scalia or Thomas to replace him, then they can get their long-awaited payback.